Perera (Migration)

Case

[2018] AATA 3416

19 July 2018


Details
AGLC Case Decision Date
Perera (Migration) [2018] AATA 3416 [2018] AATA 3416 19 July 2018

CaseChat Overview and Summary

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant had provided sufficient evidence of enrolment in a course of study to satisfy the relevant criteria for a Subclass 500 visa, specifically cl.500.211 of Schedule 2 to the Regulations.

The Tribunal was satisfied that the applicant had provided confirmation of enrolment in a Bachelor of Applied Public Health, commencing on 19 February 2018 and scheduled for completion on 13 December 2020. In light of this new evidence, the Tribunal concluded that the criterion was met.

Consequently, the Tribunal remitted the application for reconsideration, with the direction that the applicant meets the specified criteria for a Subclass 500 visa.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Remedies

  • Procedural Fairness

  • Judicial Review

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